Former Manitoba judge to lead investigation into Alberta's health procurements

A former chief judge of the Provincial Court of Manitoba will lead an investigation into the procurement practices of Alberta Health and the province's health authority.

Christopher McPherson, deputy minister of Jobs, Economy and Trade, announced in a news release Monday afternoon that Raymond E. Wyant, who fully retired as a judge last year, will lead the third-party investigation into health contracts.

Wyant's work will begin immediately and he will deliver an interim written report by May 30 and final written report and recommendations by June 30. The final report and recommendations will be posted on the province's website, the news release states.

Among the questions Wyant will seek to answer, according to the investigation's terms of reference, is whether Alberta Health and Alberta Health Services decision-makers exercised their authority appropriately during procurement.

He'll also consider whether anyone, including elected officials, government staff or any AHS or public employee acted improperly during the procurement process "in the context of the government's expressed policy objectives and the operational and environmental contexts at the time of the procurements."

Wyant's terms of reference also state he will seek to answer the question: "Did AH or AHS employees, or the agents and/or staff of the companies involved in the procurements, properly disclose or investigate potential conflicts of interest during procurement processes?"

The appointment comes after the former CEO of Alberta Health Services, Athana Mentzelopoulos, filed a $1.7-million wrongful dismissal lawsuit last month against AHS and the province.

In the suit, Mentzelopoulos said she was fired in part because she'd launched an investigation and forensic audit into various contracts and was reassessing deals she had concluded were overpriced with private surgical companies she claimed had links to government officials.

None of the allegations have been tested in court and statements of defence have not yet been filed. 

In February, Alberta's auditor general, Doug Wylie launched his own investigation into procurement and contracting processes within the province's health authority to address "concerns or allegations related to contracting and potential conflicts of interest."

Former infrastructure minister Peter Guthrie resigned from his position last week, citing a lack of confidence in the government's procurement practices.

Alberta Premier Danielle Smith says she has seen no evidence of wrongdoing at Alberta Health Services amid allegations of conflict of interest. Health Minister Adriana LaGrange has said she had no involvement in determining details of contracts with private surgical facilities.  

According to the March 3 ministerial order made by the premier that appointed Wyant, funding for the investigation will be provided by the Department of Service Alberta and Red Tape Reduction. That department will also be Wyant's primary contact.

Wyant's investigation will be supported through "the provision of documents and access to relevant individuals for the purpose of interviews," the order states. 

Wyant will be paid $31,900 per month and has a budget of $500,000 for the investigation work, including any costs to retain legal and audit assistance.

NDP Leader Naheed Nenshi said in statement that Wyant's investigation would be hampered by the terms and scope set by the government.

"Because this is not a public inquiry, the judge cannot subpoena witnesses and require them to give evidence under oath, " said Nenshi. "He is also limited to rely only on the information provided by the government itself … and then let the premier sit on it for a month. That's simply not good enough."